Brown v. Worthington
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Ron. G. A. Wurdemcm, Judge.. (1) Neither does the petition allege nor the evidence prove that at the time the note and check were given, or at the time they were paid, the facts were such as to constitute duress, and consequently, even if it be held that defendant was not then entitled to the alleged excess payment, the plaintiff, who paid his money with full knowledge pf the facts, is not entitled to recover the payment made to…
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Appeal from St. Louis County Circuit Court. — Ron. G. A. Wurdemcm, Judge.. (1) Neither does the petition allege nor the evidence prove that at the time the note and check were given, or at the time they were paid, the facts were such as to constitute duress, and consequently, even if it be held that defendant was not then entitled to the alleged excess payment, the plaintiff, who paid his money with full knowledge pf the facts, is not entitled to recover the payment made to defendant, (a) The general rule forbids recovery. Cyc. 30; 1312 ; Buchanan v. Sahlein, 9 Mo. App. 552; Glass Co. v.…
1Opinion of the CourtNortoni, J.
This is a suit for money had and received to plaintiff’s use, through moral duress imposed upon plaintiff by defendant. Plaintiff recovered and defendant prosecutes the appeal.
*513_
Under Sec. 3939, R. S. 1909, the case was transferred to the Springfield Court of Appeals for determination, and that court disposed of the same, as will appear from its opinion, reported under the title of Brown v. Worthington, 152 Mo. App. 351, 133 S. W. 93. Subsequently, the - Supreme Court declared the legislative act, authorizing the transfer of cases from one court of appeals to another, to be unconstitutional…
2Cases cited12 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Westlake & Button v. City of St. LouisSupreme Court of Missouri · 1882
- American Brewing Co. v. City of St. LouisSupreme Court of Missouri · 1905
- Niedermeyer v. Curators of the University of MissouriMissouri Court of Appeals · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Rose v. Vulcan Materials CompanySupreme Court of North Carolina · 1973
- Duke v. ForceWashington Supreme Court · 1922
- Lafayette Dramatic Productions, Inc. v. FerentzMichigan Supreme Court · 1943
- Johnson v. FordTennessee Supreme Court · 1922
- Dickey v. JohnsonMissouri Court of Appeals · 1975
21 more not listed; retrieve them via the Exa API.